Annex 1 - Mandatory Conditions
1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
2. For the purposes of the condition set out in paragraph 1-
(a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);
(b) “permitted price” is the price found by applying the formula -
P = D + (D x V)
Where -
(i) P is the permitted price;
(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence -
(i) the holder of the premises licence;
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7).
3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
5. No supply of alcohol may be made under this Premises Licence:
a) at a time there is no designated premises supervisor in respect of the premises licence and,
b) at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended and,
6. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
7. (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.
8. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
9. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
10. The admission of children to an exhibition of a film where the film classification body or this Council has determined the classification must be restricted in accordance with that classification. The film classification body is the British Board of Film Classification. In this condition children means persons under 18 years of age.
Films must be classified in the following way:
U - Universal. Suitable for audiences aged four years and over.
PG - Parental Guidance. Some scenes may be unsuitable for young children.
12A - Passed only for viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult.
15 - Passed only for viewing by persons aged 15 years and over.
18 - Passed only for viewing by persons aged 18 years and over.
11. Immediately before each exhibition at the premises of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds in such a manner as to be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the classification of the film.
12. Where a programme includes a film recommended by the licensing authority as falling into the 12A, 15 or 18 category no person appearing to be under the age of 12 and unaccompanied, or under 15 or 18 as appropriate, shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms:
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME.
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction. This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person's parent or legal guardian has first been obtained.
13. Each individual carrying out a security activity must be licensed by the Security Industry Authority.
14. A record shall be kept of the names and registration number of such persons and this record shall include the circumstances including full details of all events that take place during their period of duty.
15.-(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.
16. The responsible person shall ensure that-
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the
following measures-
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
1 CCTV
1.1 The premises shall install and maintain a CCTV system as per the minimum requirements of the West Yorkshire Police Licensing Department, current Home Office Guidelines and in line with the Information Commissioners Office current CCTV code of practice. The CCTV system shall have sufficient storage capacity to store a minimum of 31 days footage & record images at 7-12 Frames Per Second (FPS).
(Advisory Note:-The CCTV System must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data Protection Act 1998 (DPA).);
1.2 Cameras shall be installed and located, as a minimum, at the following locations: - room entrance, bar serving areas, toilet access points and suitable coverage within the function rooms, to enable the capture of images of individuals to a minimum of RECOGNISING as defined in the Information Commissioners Office current CCTV code of practice. The CCTV system must be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the bar premises;
1.3 All elements of the CCTV System must be maintained in good working order and recordings date and time stamped;
1.4 Staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer on demand in accordance with the ICO CCTV Code of Practice 8.2 Disclosure of Images & Data Protection Act;
1.5 CCTV shall be active on a 24 hour basis and at least one member of staff who is trained in downloading from the system must be on the premises during trading hours;
1.6 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises incident book and immediate steps will be made to rectify the problem.
2. DPS
2.1 The Designated Premises Supervisor or nominated manager must be at the premises or contactable at all times during trading hours and an up to date register be maintained on the premises of these contact details.
3. Training
3.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales & prevention of serving alcohol to drunks training;
3.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded;
3.3 All staff training shall be recorded and training records maintained and available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
4. Proof of Age Scheme
4.1 The premises shall adopt a proof of age scheme approved by West Yorkshire Police and West Yorkshire Trading Standards providing for proof of age for sales to persons who appear to be below the age of 25. Signs shall be provided within the premises informing customers that sales shall not be made to persons under the age of 18 and that identification may be required;
4.2 The only acceptable form of identification are a UK driving licence, Passport & any PASS accredited photographic card;
4.3 Children under the age of 16 must be accompanied by an adult at any event when the premises are open for the supply of alcohol for consumption at that event.
5. Incident / Refusals Register
5.1 An Incident Report Register shall be maintained and kept on the premises to record all incidents involving:-Crimes reported to the venue, anti-social behaviour, injury, ejections of patrons from the premises, any incidents of disorder, all seizures of drugs or offensive weapons; Any faults in the CCTV system, any refusal of the sale of alcohol & any visit by a relevant authority or emergency;
5.2 The register shall also include the details of any police officer who attend any incident, names and addresses of any witnesses and confirmation as to whether there is CCTV footage of the incident. This register shall be made available for inspection by West Yorkshire Police or Local Authority Enforcement Officers immediately upon request;
5.3 The register will contain consecutively numbered pages in a bound format and include the date, time and location of the incident, details of the nature of the incident, the names and SIA badge numbers of any door staff involved (Where applicable) or to whom the incident was reported to and names of any other staff involved or to whom the incident was reported;
5.4 The DPS or nominated manager will inspect the incident register on a fortnightly basis to ensure that the document is being maintained correctly. The DPS or nominated manager will sign and date an entry accordingly to verify the above.
6. Door Supervisors
6.1 When music events of more than 100 customers are expected there will be a minimum of 1 x SIA door supervisor at the entrance to the premises at the ground level, controlling access and ensuring that all customers have tickets, one hour prior to the start of the event, for the duration of the event and 30 minutes after the event has finished.
6.2 When music events of more than 100 customers are expected, there will be a minimum of 1 x SIA door supervisor and 2 stewards one hour prior to the start of the event, for the duration of the event and until 30 minutes after the event has finished, in the relevant hall where the event is taking place.
6.3 For any music event where 250 customers or more are expected there will be a minimum of 2 x SIA door supervisors at the entrance to the premises at the ground level, controlling access and ensuring that all customers have tickets, one hour prior to the start of the event, for the duration of the event and 30 minutes after the event has finished.
6.4 For any music event where 250 customers or more are expected, there will be a minimum of 2 x SIA door supervisors and 3 stewards one hour prior to the start of the event, for the duration of the event and until 30 minutes after the event has finished, in the main hall where the event is taking place;
6.5 The Licence Holder shall maintain a Door Supervisor Record Register, which is to be completed by door staff when they commence and finish duty at all times when SIA Door Supervisors are employed at the premises;
6.6 The Door Supervisor Record Register must be retained on the premises for a period for at least one year, taken from the date of the last entry and include the following:
1. Consecutively numbered pages.
2. The registration number and full name of each registered person on duty.
3. The date and time that he/she commenced that period of duty with a signed acknowledgement by that person.
4. The time at which he/she finished duty with a signed acknowledgement by that person.
6.7 Daily record registers shall be produced for immediate inspection on request by an official of the SIA, Police or Licensing Authority.
7. Admittance
7.1 Customers will only be allowed to purchase alcohol at the premise if they are attending a pre-booked event by way of ticket or specific invitation to a private function. No person can buy alcohol at the premise if they are not attending a pre-booked event at the premise.
8. Bottles and Vessels
8.1 Polycarbonate or Non glass vessels will be used at all times, except where the event is catered for sit down meals or events of a similar nature;
8.2 No customers carrying any glass bottles or vessels containing alcohol shall be admitted into the premises at any time the premises are open to the public;
8.3 No customers carrying open bottles or other drinking vessels containing alcohol shall be permitted to take them from the premises.
9. Under 18 Events
9.1 The Premises Licence Holder, DPS or nominated person with supervisory or management responsibility, shall provide the Police Licensing Department with written notice of any under 18s event to be held at the premises;
9.2 The Premises Licence Holder, DPS or nominated person with supervisory or management responsibility, shall provide the Police Licensing Department with all information relating to the event, including a management plan in respect of the event, a minimum of 14 days before the event;
9.3 No alcohol will be sold at Events aimed specifically at young adults (16-17 year olds).
10. Public Nuisance
10.1 Prominent, clear notices shall be displayed at all exits requesting patrons to respect the needs of local residents and leave the premises and area quickly and quietly.
11. Pubwatch
11.1 The DPS or nominated member of staff will attend the local pubwatch meeting or similar event
12. Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises [between the hours of 23:00 and 07:00] shall not be audible inside habitable rooms of noise sensitive properties in the vicinity.
13. All external doors and windows to the room/s where regulated entertainment is being provided shall remain closed during the course of the entertainment, other than for normal access and egress.
14. All external doors (including fire-exit doors and patio doors) to the premises shall not be propped open during the course of regulated entertainment.
15. No speaker used to relay amplified music, singing and speech provided as part of the regulated entertainment shall be positioned outside the building structure of the premises, nor shall any speaker be positioned internally such that the sound is directed through external doors, windows or other openings in the structure.
16. Prominent, clear notices shall be displayed at all exits requesting customers and staff to respect the needs of local residents and leave the premises and area quietly.
17. The disposal of waste bottles into external receptacles shall not take place between the hours of 23:00 and 07:00.
18. The external refuse and waste bottle receptacles and the surrounding storage area shall be cleansed on a weekly basis.
19. All refuse and waste bottle receptacles shall be kept locked except when waste / bottles are being deposited in, or emptied out of the receptacle.
20. All refuse and waste bottle receptacles shall be kept in a secure storage area that is obscured from the view of pedestrians.
21. At the end of business every day/night the pavement to the frontage and sides of the premises shall be cleared of litter and waste and cleansed of any urine, vomit or similar fouling.
22. First aid equipment will be available on the premises at all times.
23. Access to the premises will be kept clear for emergency vehicles.
24. There will be a written drugs policy in place agreed with West Yorkshire Police. This policy will cover searching patrons upon entry, the findings of Controlled Substances and drugs awareness training.
25. Toilets will be checked for drug misuse on a regular basis when large music events (100 customers or more) are taking place. A written log will be kept showing the times of these checks and will be made available immediately to police officers upon request.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.